Should You Quit Your Job? (legally speaking)
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- Опубликовано: 9 июн 2024
- Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.
Part 2 - Constructive Discharge: • Constructive Termination
Visit his website at: brobertsonlaw.com
Please subscribe to Branigan's channel!
00:00 - Introduction
00:53 - Getting on the Same Page
02:42 - Can You Quit and Still Take Legal Action?
03:37 - Does Quitting Affect Your Case?
09:40 - Unemployment Benefits
11:22 - Getting Severance if You Quit
12:24 - Conclusion & Contact Information
#quit #quitmyjob #employmentlaw
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⚠ Now that you understand the consequences of quitting your job, will it change anything in your workplace behavior? ⚠
I quit my job because of the abuse and discrimination of my fellow coworkers. I informed my boss on several occasions and every time I couldn't deal with it anymore. It was causing me physical illness and emotional problem's having to deal with these people and nothing being done to resolve the issue by my employer. In fact I was written up and suspended for the actions of a co-worker towards me on 3 different occasions. I am having an issue finding a lawyer because of one simple fact. I am White and the abuse that I was enduring was coming from "minorities." If the roles were reversed I can only imagine the ramifications of my action's.
I quit a job before and regretted it. Didn’t realize the legal implications of it. Wish I saw this video back then.
Sorry to hear that.
lol what
I quit a job that I was very unhappy at. We were constantly shorthanded and they kept trying to push more and more work on us. I got a 'needs improvement' in my performance review even though I had written a number of new processes that improved functions in my dept. One of their reasons was that I would bring up issues - you know, during meetings where they told us they want to know about challenges we're facing. LOL. Then when covering a new process I did a good job, and was proud of myself for squeezing it in before period end. My boss came over the next Monday and said "we need to do this quicker." I don't think I was targeted or anything. I never complained to HR. I just think the culture of that company was very poor. Their turnover rate was terrible across the company. So on and so forth. After my boss came over to say that (I thought she was going to congratulate me) I packed up my stuff and walked out.
I'm suffering this same type of environment now. For anyone reading this I have one piece of advice... go slower. Seriously, stop sacrificing your health for the company that won't matter to you once you leave for another job. The medical bills won't be covered by the company you are suffering under. You will end up with nothing but regrets.
Good job you!!!! Tired of unfair companies that extort us for profit in terrible ways
Exactly. I seen the top performers get rewarded with more and more work. They will work you to death if they can.
You are amazing! Just want you to know that! We need more attorneys like you to help and educate employees on the law!
Binging these videos. Man, employment laws are scary 😬... suing is scary, employers are scary.
I really like how you don't edit out your gaffes in your lectures. It avoids a bunch of cuts that distract from what you're explaining. And you have so much content packed into each video you can't afford to be distracted.
I only recently found your channel. Being an employee in California it's been so insightful and has really helped clarify a lot of misconceptions for me.
Thank you, Mr. Robinson. Since I don't need your services right now do you have a PayPal, Patreon, Venmo, etc. I can contribute to?
Thank you for the nice comment. No, I don't have any Patreon. The only thing I ask is if you ever know anyone who needs an employment lawyer, give them my name!
Keep all your documentation for the job you get. Make sure you are very familiar with the duties and responsibilities on that job announcement. When you accept the job, make sure you get a copy of your position description. They like to misuse and abuse the terms " other duties as assigned", " secondary responsibilities" or "full range of function." Know your employee rights and join the union so you can get some help if you plan on quitting.
Thank you. I hear you are right.
You're always captivating! You have to be good in your field and loving what you do! I like that you're using a white board instead of reading! Your lectures are fun, spontaneous, yet complete. Thank you!
Thank you! Cheers!
What about having to quit due to medical issues caused by the toxic environment at work?
Exactly….when your blood pressure rises to 274/174 due to intolerable conditions you bet you better get out ASAP!!!
@@espianmashias9565 wow so that’s normal
I thought I’m the only one ahahhahah
“Toxic environment” doesn’t exist in law. However, hostile does. But legally speaking, what you consider ‘toxic’ might not fall under the legal term of hostile.
So consult a lawyer first
Medical issues caused by a toxic work environment? Can you type that without smirking?
Do you mean toxic as in chemical or biological or just the workplace culture?
regardless of the advice given here... I am quitting. I asked for a reduced schedule and they said no. After 15 years of being flexible, there is no flex in their game... I am done.
I have a situation at work. I put in a complaint about my supervisor and now HR management is completely attacking me. I had a conversation with the HR cordinator and would not let me speak at all. So, I sent a follow up email as a recap of what she was saying and what I was trying to answer her. I also let her know she was rude, defensive, and agressive now I'm speaking to her supervisor on the emails and I'm getting the same thing from her. Bofore all this I put in my complaint and no one from the HR team reached out to me. They spoke to my supervisor and her supervisor, right now, I feel like this is a one sided story. I dont know how to respond anymore or what to do.
I am in the same boat now, so much so they are covering up my complaint that put my life endanger.
Great videos! Just left a voice mail to see if you can work a case in California for a Federal employee who works in California? Hoping to hear yes. Thanks for the great videos and information.
Great info. Thanks👍
you help me a lot with my workplace situation ♥♥♥♥
My GUY!!! I SO wish I had found this video before reaching out. YES!! Shady business/inequality are the ONLY reasons I have EVER left an employment relationship!!! Regardless of what happens to me THANK YOU for making this video. You made it so easy to understand. I might call you!! Interested in setting precedents in the California Cannabis industry?
I'm a mentally ill single father and my problems didn't really start until I told them so. Constructive discharge is just the beginning.
@@funguy6844 How unfair! Best luck! 💯🍀🤞🏼💘
I work for a very large global company and I'm currently looking for legal counsel. I have tried to handle it internally but its like everyone from HR relations, HR, legal, senior leadership dont care. I just finished a video where I have all of the violations listed in a time line. I have lots of evidence and witnesses and emails/screenshots and want to fight for others to that are worse off. I hope my video can convince them to represent me as its pretty open and shut case with lots of evidence. All I want is like $100k for my cut to help with medical and cover lost wages from promotion retaliation. They have also threated to fire me for taking FMLA I have screenshot of it showing my termination date as return from LOA (FMLA) This is the fight of my life and Im weak but Im proud to take a stand! Wish me luck wish you were in Ohio.
I enjoy your videos, they are extremely informative. Sadly, I'm not a CA resident. GA could definitely use you.
Any excellent lawfirm in texas who is like your beliefs or doctrines? Please refer me texas lawyers like you.
Ive quit due to being overqualified and told I was a threat to their position so I was denied promotion
Sorry to hear that. I bet that was frustrating.
🏆🥇👍the best lawyer. 👏👏👏👏
Every time I have to reanalyze my situation and solve my questions it seems I get overwhelmed of what can happen if I were to continue with this unfortunate event as people lie and probably have more resources. I feel heavily threatened by these people all the time its unbearing I have to find a new job soon thats going to cause more and more stress I'm wondering If I can file for disability because I'm totally gassed by what people have done to me it seems I can't say anything to HR and just take it. They feed off this and the turmoil gets worse.
oh my goodness this breaks my heart... this is totally whats happening to me right now. I see this is a year old now, but hopefully things got better for you now.
I want to know about insubordination firings. Do what I say no questions or your fired!
Same here!
u are very help full
In some cases you have to lose to win
If the leadership at your job is treating you wrong, it is best to stay there. Continue to do what is right and document what happens. Write down what happened and what was said. Please do not stretch the truth. Explain it to your lawyer.
Have you read John Carreyrou's book "Bad Blood"? (About Elizabeth Holmes and Theranos). It would be great to get your take on the QC supervisor's position about trying to document or release product that doesn't meet specification but your CEO basically says do it or your fired.
How does compensatory and punitive damages come into play during mediation (and not at trial with jury)?
I'm in a difficult situation. I work security for a private location. My boss is constantly screaming at us even if we do the job correctly. She has the tendency of mocking the disability of a co-worker and calling insults to each other by going from officer to officer. Just yesterday while administering the Covid test to visitors (which it's not part of my duties). The boss told my coworker that I "should get my shit together and my head out of my ass" just for taking a bit longer for the test to show the results (not my fault) ....but I enjoy working there. Should I report this to HR? Or should I quit?
Thanks for taking the time to read.
I asked whether they are going to fire me, and they said no. If I quit, then everything will have to be disclosed. I'd win
Branigan any way we can get a video solely on depositions or the importance? I know you have slightly touched on this subject on past videos but I am sure an in-depth video would be very beneficial.
I will have to think about that. Thanks for the idea!
One of the reasons I quit my job is because my boss was asking myself and other colleagues if he could perform exorcisms and/or deliverances on them. It is now 6 months later and honestly have no idea what they could be sued for for this alone, even though this is hardly the only infraction.
Rob can you make a video about disparate treatment ?
I am in a daily debate of whether to quit due to bullying and retaliation and I work IN the legal field! How does one decide when the issues reported are ignored??? Three months now of me reporting, documenting, and feeling like I am going to lose my mind and hate life!
Also in California...
i would think that if you are having issues at work it would be ideal to make a complaint and then look for another job while you are still employed. Then you can ask Hr for references. This will likely alert the HR that you are looking for another position and that a potential problem employee will leave. They will likely agree and give you a glowing reference so that they can shift you off to another company which will protect their company from any future lawsuits. This situation would be a win-win for all parties involved. if you did bring your employer to court it would likely result in you having a more difficult time finding another job as they will likely know about the court case and might be hesitant to hire you as they know you are willing to sue your company if an issue arises.
Hi Sir Branigan, thanks for the video. Any tips / recommendations for a nice starting sentence to hint you want to leave but wants ex gratia to be offered. The company is offering mediation because they can smell lawsuit. It is constructive dismissal along with unfair dismissal, discrimination etc with solid evidence. I just want a nice sentence to start it with. Your post today was a sign the universe. Thanks so much.
Thanks for the comment. I can't give you any specific tips. All I can say is that when I advise people in severance negotiations and they don't have a "legal" case, I tell them to lean on the moral/ethical component. If they worked there for 20 years, that is their best angle.
I think I talk about that in this video - ruclips.net/video/CoS2a2oYHUE/видео.html
Thanks Sir Branigan, I shall update you of the outcome. You should write a book. Thanks so much for your time.
Quit.. Due to performance review cut my hour due to attendance during covid testing and quarantine protocol and i had broke my wrist .. 🤦🤷
I’ve only received severance once.
If I was exposed to 113 F heat index outdoor at me work due to summer heat wave 2023 working more than 6 hours 5x a week. Then do you think constructive discharge would have been better route for me?
Hi, I am from Chile and here in my country we have the self termination (can be used in very specific cases) and must be in a suit with the help of a lawyer, I know that is a complete different law and environment but is something that can be legistaleted in california.
Never leave your job until you get your money- settlements , when fired or black balled I should have called police from state into the work place and had H R arrested after a reasonable chat with them about what went on. Again never leave without your money I didn't know l worked for crooked people and finding legal help is difficult .
Good evening Sir,
I was working for a Lady as a Live-in Caregiver for over 3 years and decided to leave when my client said they were moving away. MY boss refused to pay me my last paycheck and hasn't been taking my calls since, She paid below minimum wage for all that 3 years.
she owes me 500 and I need my money because i worked for it. she was mad that i wasn't following the client to Richmond and has decided to hold my money.
please what can I do?
I have a case of being homeless for two years after my roof caved in at rental property lost my front teeth from being homeless lots of my own property damaged from being in storage too long and wrongful eviction for my roof caving in
Do not ever ever quit!
So do we do a written complaint first? Or should we do the complaint in person?
When I was working at a movie theater, I had a boss who would tell me "John, you're fired!" Then a few minutes later she would tell me to clean out a theater or do some other task. Another time, she also dropped an orange soda down on top of me while I was on break. I quit soon after. That was in 1989.
Being scapegoated at work, without having any knowledge of being a target, is worse.
Quit because the management was telling me to sell services the customers dont need, third time they mentioned it I walked out. Quit on the spot because manager was abusive a beully and on top of it really annoying to be around. Best way to do it is to get another job, give notice and try again.
My employer showed in our CBT training video dissuading us employees to join any unions. Is this unlawful?
I have an urgent question. I am working in Houston and got laid off as a result of retaliation. I am moving now to California with my husband. Can i sue my employer in California? Knowing that my employer headquarter is in California. Thank you so much.
I know it's been a few months and I am not an attorney but I want to offer an answer:
There are too many factors involved in deciding where a case will be tried to answer in a RUclips comment. A qualified attorney in either state should be able to help make that decision.
Good luck to you and your husband and welcome to California!
What type of lawyer shall I specifically use on google? Labor lawyer? Retaliation Lawyer? Employment Lawyer? Discrimination Lawyer?
Many Supervisors deny you promotion or give bad assignments , hoping you will quit. I have made comments about DOT regulations being violated, and I am given a route where I am gone all day long, so the Management denies me from seeing what is going on.
Tricky and sneaky.
I quit my job in 2020 after filing a written complaint to HR about my boss getting caught red mouthed referring to black customers as "colored people" which it's worth mentioning I am black so it felt kinda personal to me, This was also the third off hand racist comment he made and I foolishly didn't report the first two because I wanted to keep the peace, third time was enough and I actually had witnesses this time so I reported it HR. there was an "investigation" nothing was done and a couple of months after the report my boss started getting on my ass about my schedule and how if I can't work these times then he's gonna have to drop me to part time despite having an agreement. So I had enough and quit. I brought this story to unemployment my case was reviewed twice and they found my company at fault faster forward to 2021 my company decided to appeal it after I had been paid my unemployment, didn't show up to the first hearing so I won by default but they were able to appeal it again and they showed up and I got a bad judge. I proceeded to appeal it especially since during the hearing the representative of the company was not a HR rep but a district manager was actively harrassing me during the hearing and th e Judge just let it happen but the case ended up being reamanded since the recording was corrupted so now we are sitting in limbo. Fun stuff this was also in California.
i have it was bye pressure tho
how would i practice this in the uk
Can I quit my job in the middle of employment case I found another job
Does it matter state laws ?
So can you just stop showing up to work and force them to fire you?
I've been having some trouble with my eye and I put sunglasses on to protect the eyes from the lights; but supervisor said I could not wear them, so I cussed him out and I left is there anything I can do.
Probably not. Cussing out your boss and leaving the job is going to overwhelm any claim you might have had for disability discrimination or disability harassment.
do you do pro bono?
Can you speak about arbitrations? Did the Law pass or did the Senate / Trump sign to get rid of arbitrations?
I been following a few of your videos As i am not a lawyer (should of gone that route) I have one question And as i will not take the infomation in to my own legal terms It is just another view...Question If nothing is verbally said Or recorded/wittness proof of discrimation In the work place IE Female Asian women is let go from work but has a good work repore Or A Landlord fails to repair her apartment of 3 years While others (non asian) the same building have repairs done timely How does she prove its due to race sex religon without say a iphone recording texts What would be needed ? Again Your laws in California And the USA differ from state to state And my country Eh? But we have the same tree just diffrent branches
I was calling you and was checking if you can represent me in Honolulu via phone? Allied Universal attorneys work from California. It’s VII, ADA and personal injury from retaliation mental anguish. What laws covers my case? I hope you answer this. Thank you
Hi there. Unfortunately, I only represent CA residents. For employees, their state of residence is key regarding the workplace laws that apply to them. I recommend that you contact an attorney in Hawaii.
@@braniganrobertsonlaw
I don’t trust attorneys here, unfortunately....
I never quit even if I need to. Why give up your unemployment when you can just lounge around until you get fired?
I am pretty sure why this video popped to my RUclips recommendation is because a ton of Twitter employees are seeking for help on the Internet current now, causing the algorithm to recommend employment law videos to more and more audiences.
I wish your video can reach them.
Twitter employees can burn as far as I am concerned.
I contacted Branigan about some employment issues, he never returned an email or a phone call , nothing! not too professional if common courtesy isnt common sense.
Meaning you'll have to wait to be fired after they torture you for several years.
Did he ever post part 2 ?
Not yet. I got swamped. I fully plan on doing a part 2 in the next few months when my schedule calms down.
@@braniganrobertsonlaw your agenda is full because you are great :D
Any guidance on filing a civil action lawsuit against my employer after a dismissed government filed claim (IDHR/EEOC)? Filing a lawsuit for Dummies? 🤣 asking for a friend....
I wish there was an easy way for people to represent themselves. Unfortunately, that path is filled with landmines, frustration, and disappointment. My recommendation would be to find a lawyer to take the case on contingency. If a good lawyer is unwilling to take the case, that might be a sign that the case may not be worth all the effort it requires.
@@braniganrobertsonlaw its sexual harrasment and retaliation and I still have some fight left. 26yrs career.
Are RUclips comments admissible in court?🤔
Yes. Definitely.
Curious if there is any recourse if, hypothetically, an employer wasn’t paying prevailing wage on prevailing wage jobs. I always hear about companies doing that and never getting in trouble for it, and of course they can just fire anyone that tries to snitch on them. So it’s kinda like “we can do whatever we want and if you don’t like it then piss off”.
Google constructive discharge.
now even attorneys are Influencers lol
Oh lord, I hope you don’t think I’m an influencer.
Brother, your supposed to be an engineer. Or a mathematician at the least. Atleast your competent at memorization.. Mr. Robertson thank you for your military service. Would love to hear your hypothetical on should or should not personal choices need be protected classes..
Being miserable at work is not worth it.
I left a job working for a narcissistic/sociopathic individual.
It took almost a week for the conditioned stress I had been living with associating work with an oppressive and hostile atmosphere to lift.
When it finally sank in that that hatefull situation was behind me, it was like a ton of weight lifted off my shoulders, and for the first time in nearly two years I was enjoying my work again.
My pay was significantly lower, but my stress level went to nearly zero.
Listen so much jobs now, its easy just give 2weeks notice.... Its very hard to find good employees now....
The fact of the matter is if you're getting paid peanuts you will never recover damages unless you are actually severely injured or some type of extreme prejudice or Bullying happens. I know for a fact I'm being harassed based on being a Christian but the pay is so low how could I ever get damages. The owner literally does not communicate. I sent in my resignation and two week notice and haven't even gotten the response in 2 days. I'm assuming they want me to not show up for my two weeks and not pay me vacation days which amounts to jack s*** anyway. The boss is also a homosexual and seems very unhinge considering the stories I've heard about how he previously lied to his wife stayed with her with a vasectomy when she wanted children and cheated on her with men the man is a sick freak I'm afraid he will kill me when I come to work on Monday
I didn't quit, but here's one for ya. The company fired everyone else in the same position so that I couldn't prove that I was treated differently:
Oct 2003, I was diagnosed with Hodgkin’s Lymphoma, unable to fly, per FAA, during treatment (I was a professional corporate pilot at the time).
Notified employer/CEO in person of my circumstance (fyi, this is a family owned business).
CEO told me to take disability, get better during treatment. CEO told me they’d get a temporary ‘contractor’ during my absence. CEO assured me I could return to my employment after treatment ended and FAA medical clearance was obtained. Employer/CEO did not offer any work alternatives.
I notified employer/CEO approximately 1x per month of treatment updates, and expected treatment finish date with return-to-work plan.
In June 2004 I received FAA medical clearance to return to work. I notified employer.
CEO invited me to meet in person, 1 day after my notification of intent to return to work.
During meeting, I was told that employer would be using ‘contractors’, and that I would no longer be employed, because the ‘full time employee’ position was eliminated. I was offered 3 months of remaining on the payroll as ‘severance’.
Through some investigation of my own, I discovered that the ‘contractor’ (per IRS rules), was classified as an ‘employee’ who was being paid ‘under the table’ (illegal tax avoidance).
I asked for and received a signed, company letterheaded, letter of recommendation detailing my excellent performance on the job and the company’s elimination of the pilot position.
I contacted the IRS in person and discussed the employer’s tax avoidance scheme.
I discussed ‘contractor’ vs. ‘employee’ and tax implications with employer/CEO, and my concerns about discrimination with regards to my employment. CEO dismissed my concerns and told me “You’re lucky you’re still on the payroll. Most people would have been let go immediately” - This is verbatim from the CEO of the company at the time.
I filed a charge of discrimination under the laws of the ADA (Americans with Disabilities Act), with the EEOC (Equal Employment Opportunity Commission).
I also consulted with an employment law attorney. The attorney advised of the At-Will employment law, and the challenge of overcoming the ‘burden of proof’ that rests with the employee in this circumstance.
Through the ‘grapevine’, I discovered that the ‘contractor’ was fired. This occurred at about the same time the discrimination charges were delivered. This was still during my 3 month ‘severance’ window of which I was ‘technically’ an employee.
I filed for, and received, unemployment benefits after the ‘severance’ ended.
I discovered that the employer truly did eliminate the pilot position, even though they now had a multi-million-dollar airplane that sat without a pilot for about a month.
I was notified of an opportunity, via certified mail, to interview for a pilot position with the employer (the same position I held prior). EEOC advised me to interview (in sum, unemployment benefits law dictates that you cannot turn down employment).
I applied, interviewed, and was turned down for the job. I was told that the company decided to hire a more qualified applicant. EEOC advised me that the company could likely offer me a different (non-pilot, possibly minimum wage) position, and I would HAVE to take it or lose unemployment benefits due to unemployment law.
I elected to voluntarily cease unemployment benefits for myself (yes, it is getting expensive at this point with no income, having to pay for COBRA insurance on top of that, medical deductibles, you name it….). With a pre-existing condition prior to the ACA, there is NO other feasible alternative to COBRA.
I was also interviewing with other companies at the time, trying to find employment during this entire process.
By voluntarily ceasing unemployment benefits after I had interviewed, the company HAD to avoid true discrimination (a retaliation charge, technically) by either: 1. Employing me or 2. Employing no one, for the pilot position.
The employer elected once again to employ no one and let their airplane sit. I had to laugh about that a bit, just imagining the other (more qualified) pilot that had been offered the job but was never paid and had his job offer rescinded. The absurdity… LOL…… BUT still legal.
After some time again, around January or February of 2005, I was invited to discuss the matter with my former employer’s attorney at the EEOC office. I accepted the invitation.
I was offered the job. Coincidentally, I was already employed at a new employer. Therefore, I declined the job offer. Besides, who would want to work for an employer that hires and fires several times over per year. They could now legally justify that as ‘normal, non-discriminatory behavior’ for the position since they did it to 2 other pilots also. I could just see it now, taking that job back and getting fired again the next day….
*P.S. Here’s how the conversation went in the EEOC office with the Attorney:
Attorney and I talked a bit (I have the notes somewhere I’m sure) then it came to this:
“We would like to offer you the job in exchange for release of the charges”
My response:
“I would consider it. I would like to speak with him first (CEO)”
Attorney’s response:
“I’ll see if he’s available”
That was the end of the logical part.
After a week had passed, I had heard through the grapevine again that “some pilot interviewed but didn’t want the job”
The unspoken logic from above is:
1. CEO was “not available”.
2. I didn’t release the charges for another week because I didn’t want the job (and didn’t want it advertised to my new employer that I had accepted the old job again).
3. I did release the charges after I heard about “the pilot that didn’t want the job” (ME, of course), because they were worthless at this point anyway.
Notes:
Always get a letter of recommendation first. THAT was the essential catch to all of the rest.
I couldn't just "go away". That is 'immoral' in my book.
Final thoughts:
Scary experience for me at the time, but on the other hand…….
IRS audit of a 2000 employee company + IRS penalties and back taxes + legal defense + letting a company airplane worth 5 million sit for 6 months + Listening to former co-workers, friends, etc. use descriptive language about (CEO) such as “Dirtbag”, “Worthless”, “A-hole”, “Jackass”, “What is wrong with (CEO) lately?”...... priceless.
Where is the video for constructive dismissal?
Constructive Discharge.
I made a video about Constructive Discharge - ruclips.net/video/BmODx2LBV1M/видео.html
No.
??????????? i commeted on the last vide
i am being forced to work for no pay for several months now, this is illegall in the united states. I hope police arrest these criminals today
Yes , you can but if the hostilely of the jobs we have no choice
The people I work for commit felonies and people nearby
Electronic surveillance and hack my home p. Is a felony
No one is aurvkej3: to come in my home and put any aurvwjllanxe in my house or they will go to jail too
12 million or 30 years in jail they can choos